PRTD (R-1 instead of RC-1), Entry to Canada, and PR Status

[arkadash96]

Hi!

I became a permanent resident of Canada in 2015. However, about one month later, I left Canada permanently because of my family’s decision at the time, when I was 17 years old. In 2022, I applied for a PRTD on H&C grounds. After almost four years!!, My PRTD was approved. My circumstances have also changed significantly during these past four years, and I am now enrolled in a post-secondary degree program.

I have a few questions, and I would be very grateful if you could help me, as the information available to me is very limited.

1. My PRTD is marked as R-1 rather than RC-1, which seems unusual to me. Could this be a mistake by the embassy, or might there be another reason for it?
2. My PRTD is valid for six months. Because I need to defend my program, the earliest I may be able to travel to Canada is about 14 days before it expires. Would this affect my situation, or is it acceptable as long as the PRTD is still valid at the time of entry?
3. To reduce risk, I am considering avoiding applying for a PR card for the next two years. I already have a SIN, but I understand that it may become inactive and may require proof of valid permanent resident status to be reactivated. I only have my expired CoPR and expired PR card from many years ago. Would I still be able to work in this situation? When I checked with Service Canada online, it said that I need to go in person.
4. In terms of obtaining a driver’s licence, would it still be possible for me to apply using a valid PRTD together with my expired PR card and expired CoPR?
5. I understand that an expired PR card is generally not useful. Is there any way for me to deal with the issues mentioned above without applying to renew my PR card before meeting the residency obligation again? I would like to avoid any risk of a section 44(1) report as much as possible.

Your guidance would be extremely important to me and would directly help me decide how to proceed.

 

[armoured]

Hi!

I became a permanent resident of Canada in 2015. However, about one month later, I left Canada permanently because of my family’s decision at the time, when I was 17 years old. In 2022, I applied for a PRTD on H&C grounds. After almost four years!!, My PRTD was approved. My circumstances have also changed significantly during these past four years, and I am now enrolled in a post-secondary degree program.

I have a few questions, and I would be very grateful if you could help me, as the information available to me is very limited.

1. My PRTD is marked as R-1 rather than RC-1, which seems unusual to me. Could this be a mistake by the embassy, or might there be another reason for it?
2. My PRTD is valid for six months. Because I need to defend my program, the earliest I may be able to travel to Canada is about 14 days before it expires. Would this affect my situation, or is it acceptable as long as the PRTD is still valid at the time of entry?
3. To reduce risk, I am considering avoiding applying for a PR card for the next two years. I already have a SIN, but I understand that it may become inactive and may require proof of valid permanent resident status to be reactivated. I only have my expired CoPR and expired PR card from many years ago. Would I still be able to work in this situation? When I checked with Service Canada online, it said that I need to go in person.
4. In terms of obtaining a driver’s licence, would it still be possible for me to apply using a valid PRTD together with my expired PR card and expired CoPR?
5. I understand that an expired PR card is generally not useful. Is there any way for me to deal with the issues mentioned above without applying to renew my PR card before meeting the residency obligation again? I would like to avoid any risk of a section 44(1) report as much as possible.

Your guidance would be extremely important to me and would directly help me decide how to proceed.

1. I cannot see into IRCC's decision process but I would treat this as, well, 'lucky.' Assuming you are now ~22 and only spent one month in Canada, the usual 'humanitarian and compassionate' (RC-1 code) would not seem to apply. So overall I think your caution is warranted at least at first.
2. No issue.
3. You have the *right* to work as a PR, whether you have entered on a PRTD, R-1 coded, whatever. My suggestion is arrive and use your SIN as intended and don't raise the issue. IF anything comes up, it will come up as either CRA or the SIN administration (econ and development Canada? I forget) requesting more information from the employer. (It could also come up when contacting CRA re paying taxes). At any rate: deal with it when the subject comes up. Important point: the govt contacting your employer is NOT a sign you or the employer is in trouble, nor that you're working illegally. It will basically be a form of "pls provide copy of ID of this person, this SIN has not been used for a long time [and may be on an inactive list.]" Inactive does not mean it cannot be used for work purposes by the rightful user of the SIN.
Most cases I'm aware of involving these 'inactive' SIN numbers in similar situations seem to have eventually resolved themselves by the PR either providing information or possibly going to a Service Canada location (unfortunately not many reports of what has actually happened and how they resolved it).* So don't worry excessively and deal with it when it comes up.
4. I don't know, possibly depends on province, try it and see.
5. I don't have any firm guidance. One thing I'd suggest is see what i(f anything) the CBSA officer at border says when you enter. You are not required to have a valid PR card while you are in Canada and do not leave, the PR card - even if expired - is prima facie evidence that you are/were a PR. You may find it is not a significant issue in the day-to-day, but that may also depend.

* My spouse had this in a different context entirely (had lost PR via renunciation and then became a PR 'anew') - and a phone call with some docs provided resolved the situation (I don't remember details but was trivial really).

 

[canuck78]

Hi!

I became a permanent resident of Canada in 2015. However, about one month later, I left Canada permanently because of my family’s decision at the time, when I was 17 years old. In 2022, I applied for a PRTD on H&C grounds. After almost four years!!, My PRTD was approved. My circumstances have also changed significantly during these past four years, and I am now enrolled in a post-secondary degree program.

I have a few questions, and I would be very grateful if you could help me, as the information available to me is very limited.

1. My PRTD is marked as R-1 rather than RC-1, which seems unusual to me. Could this be a mistake by the embassy, or might there be another reason for it?
2. My PRTD is valid for six months. Because I need to defend my program, the earliest I may be able to travel to Canada is about 14 days before it expires. Would this affect my situation, or is it acceptable as long as the PRTD is still valid at the time of entry?
3. To reduce risk, I am considering avoiding applying for a PR card for the next two years. I already have a SIN, but I understand that it may become inactive and may require proof of valid permanent resident status to be reactivated. I only have my expired CoPR and expired PR card from many years ago. Would I still be able to work in this situation? When I checked with Service Canada online, it said that I need to go in person.
4. In terms of obtaining a driver’s licence, would it still be possible for me to apply using a valid PRTD together with my expired PR card and expired CoPR?
5. I understand that an expired PR card is generally not useful. Is there any way for me to deal with the issues mentioned above without applying to renew my PR card before meeting the residency obligation again? I would like to avoid any risk of a section 44(1) report as much as possible.

Your guidance would be extremely important to me and would directly help me decide how to proceed.

Were you 17 in 2015 or 2022? Either way you got extremely lucky getting a PRTD given your limited establishment in Canada. You essentially visited Canada with your family and left. The other big issue is getting a health card. You will likely be unable to apply for a health card in your situation until you get a new PR card. You also risk being reported for not meeting RO on arrival. Given the 4 yr timeline seems like your application may have gotten lost and you may have received R-1 to punt the problem of not meeting RO to CBSA/IRCC upon your arrival in Canada. Did you ever contact IRCC during the 4 years?

 

[arkadash96]

Were you 17 in 2015 or 2022? Either way you got extremely lucky getting a PRTD given your limited establishment in Canada. You essentially visited Canada with your family and left. The other big issue is getting a health card. You will likely be unable to apply for a health card in your situation until you get a new PR card. You also risk being reported for not meeting RO on arrival. Given the 4 yr timeline seems like your application may have gotten lost and you may have received R-1 to punt the problem of not meeting RO to CBSA/IRCC upon your arrival in Canada. Did you ever contact IRCC during the 4 years?

Yes, I contacted IRCC multiple times, but they told me my application was still in process. I was 17 in 2015, and I agree that it makes a big difference, but they still somehow approved the PRTD. I still do not know whether there is a significant risk at the port of entry, especially since I am currently outside Canada on a Visa and my home country is facing a humanitarian crisis. If they want to revoke my PR in PoE, I would also lose my current status in the third country by risking going to Canada.

 

[armoured]

Yes, I contacted IRCC multiple times, but they told me my application was still in process. I was 17 in 2015, and I agree that it makes a big difference, but they still somehow approved the PRTD. I still do not know whether there is a significant risk at the port of entry, especially since I am currently outside Canada on a Visa and my home country is facing a humanitarian crisis. If they want to revoke my PR in PoE, I would also lose my current status in the third country by risking going to Canada.

I think you should not have an issue at the port of entry - you have the PRTD approved, that constitutes a decision, and unless there is some reason to revisit it (which would might be eg serious misrepresentation or fraud), the CBSA officers at the border will almost certainly not revisit that.

It's after that - eg applying for PR card or worse, subsequent travel - that it's more of a grey area (IMO). Stay in Canada.

my home country is facing a humanitarian crisis. If they want to revoke my PR in PoE, I would also lose my current status in the third country by risking going to Canada.

This is very much a guess, but it is possible that this factor - along with the uncertain status int he third country (?) - carried some weight in the decision. (Why they chose not to document this as a RC-1, again a wild guess, different approval process or only specific criteria could be used for the RC-1, and you didn't meet those tight ones)

There could be related factor in this - they possibly felt a refusal was subject to a lot of extra work, and for someone young and educated - grant the R-1 and let you 'vote with your feet' (let life decide), ie. if you don't end up staying, no issue, if you leave - also no issue. But again - speculation.

ANyway - I don't think this speculation serves much purpose. You have the R-1 - make sure to travel before it expires, and be prepared to stay in Canada.

 

[arkadash96]

I think you should not have an issue at the port of entry - you have the PRTD approved, that constitutes a decision, and unless there is some reason to revisit it (which would might be eg serious misrepresentation or fraud), the CBSA officers at the border will almost certainly not revisit that.

It's after that - eg applying for PR card or worse, subsequent travel - that it's more of a grey area (IMO). Stay in Canada.


This is very much a guess, but it is possible that this factor - along with the uncertain status int he third country (?) - carried some weight in the decision. (Why they chose not to document this as a RC-1, again a wild guess, different approval process or only specific criteria could be used for the RC-1, and you didn't meet those tight ones)

There could be related factor in this - they possibly felt a refusal was subject to a lot of extra work, and for someone young and educated - grant the R-1 and let you 'vote with your feet' (let life decide), ie. if you don't end up staying, no issue, if you leave - also no issue. But again - speculation.

ANyway - I don't think this speculation serves much purpose. You have the R-1 - make sure to travel before it expires, and be prepared to stay in Canada.

I don't have such problems, and even my PRTD application is legit. I will travel in the next few months.
In my PRTD application, I also provided all of my degrees and explained how I will pursue my research in Canada.

Thank you for the help!

 

[arkadash96]

1. I cannot see into IRCC's decision process but I would treat this as, well, 'lucky.' Assuming you are now ~22 and only spent one month in Canada, the usual 'humanitarian and compassionate' (RC-1 code) would not seem to apply. So overall I think your caution is warranted at least at first.
2. No issue.
3. You have the *right* to work as a PR, whether you have entered on a PRTD, R-1 coded, whatever. My suggestion is arrive and use your SIN as intended and don't raise the issue. IF anything comes up, it will come up as either CRA or the SIN administration (econ and development Canada? I forget) requesting more information from the employer. (It could also come up when contacting CRA re paying taxes). At any rate: deal with it when the subject comes up. Important point: the govt contacting your employer is NOT a sign you or the employer is in trouble, nor that you're working illegally. It will basically be a form of "pls provide copy of ID of this person, this SIN has not been used for a long time [and may be on an inactive list.]" Inactive does not mean it cannot be used for work purposes by the rightful user of the SIN.
Most cases I'm aware of involving these 'inactive' SIN numbers in similar situations seem to have eventually resolved themselves by the PR either providing information or possibly going to a Service Canada location (unfortunately not many reports of what has actually happened and how they resolved it).* So don't worry excessively and deal with it when it comes up.
4. I don't know, possibly depends on province, try it and see.
5. I don't have any firm guidance. One thing I'd suggest is see what i(f anything) the CBSA officer at border says when you enter. You are not required to have a valid PR card while you are in Canada and do not leave, the PR card - even if expired - is prima facie evidence that you are/were a PR. You may find it is not a significant issue in the day-to-day, but that may also depend.

* My spouse had this in a different context entirely (had lost PR via renunciation and then became a PR 'anew') - and a phone call with some docs provided resolved the situation (I don't remember details but was trivial really).

Thank you for the reply. They told me verification of status would also work; however, I am not sure if applying for VOS could make them consider residency obligations. Based on my Call, they also told me that I can still work with a dormant SIN.